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HomeMy WebLinkAbout05.d.2) Consider Board Member McGill's request re nomination as Special District Representative on Contra Costa LAFCOCentral Contra Costa Sanitary District 5 ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 2, 2012 Subject: CONSIDERATION OF ADOPTING A RESOLUTION NOMINATING MICHAEL R. MCGILL AS THE SPECIAL DISTRICT REPRESENTATIVE ON THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION ( LAFCO) Submitted By: Initiating Dept. /Div,: Elaine R. Boehme Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: CWk� 0 e Elaine R. Boehme James JX. Kelly, Secretary of the District General Manager ISSUE: At the Board meeting of January 26, 2012, Board Member McGill requested that an agenda item be scheduled for Board consideration of adopting a resolution nominating him for re- election as the Special District Representative on the Contra Costa Local Agency Formation Commission ( LAFCO). RECOMMENDATION: Consider adopting Resolution 2012 -009 nominating Board Member Michael R. McGill for re- election as the Special District LAFCO representative. FINANCIAL IMPACTS: None. BACKGROUND: An announcement was received from LAFCO stating that the Special District Representative term (currently filled by Board Member McGill) is expiring on May 7, 2012. LAFCO is seeking nominations to fill the upcoming vacancy for a term ending May 9, 2016. The announcement included memos (attached) on how to nominate a representative, which must be done by Board resolution, and the election process. The Commission consists of two City members, two County members, two Special District members and one public member, and an alternate in each category. Meetings are typically held monthly on the second Wednesday, starting at 1:30 p.m. Most meetings are held in the County Administration Building in Martinez. All nomination resolutions must be received by LAFCO no later than March 2, 2012, after which time they will send a list of candidates and nominating resolutions to each Special District. The election will be conducted at the April 16, 2012 Contra Costa Special Districts Association meeting, and the Voting Delegate appointed by the Board may cast the District's vote at that time. The slate of candidates will be available after March 3, 2012, and Board will be asked to provide direction to the District's Voting Delegate at the March 15, 2012 Board meeting. POSITION PAPER Board Meeting Date: February 2, 2012 subject. CONSIDERATION OF ADOPTING A RESOLUTION NOMINATING MICHAEL R. MCGILL AS THE SPECIAL DISTRICT REPRESENTATIVE ON THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION ( LAFCO) RECOMMENDED BOARD ACTION: Consider Board Member McGill's request to nominate him for re- election as the Special District LAFCO representative. If desired, adopt Resolution 2012 -009, nominating Board Member McGill as requested. N:\ADMINSUP\ADMIN \DIST- SEC \LAFCo \PP -LAFCO Nomination and Voting Delegate - 2012.doc La fC January 17, 2012 CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION 651 Pine Street, Sixth Floor • Martinez, CA 94553 -1229 e -mail: LTexellafco.cccounty.us (925) 335 -1094 • (925) 646 -1228 FAX TO: Each Board Member and General Manager of Each Independent Special District in Contra Costa County FROM: Lou Ann Texeira, LAFCO Executive Officer SUBJECT: Announcement of Upcoming Special District Vacancy on LAFCO, Call for Nominations and for Names of Voting Delegates This is to advise all independent special districts of a vacant special district regular seat on the Contra Costa Local Agency Formation Commission ( LAFCO). We are seeking nominations to fill the term ending May 9, 2016. This seat is currently held by Mike McGill, who was elected in 2011 to fill an unexpired term. Pursuant to Government Code Section 56332 and the Procedures for the Special District Selection Committee, both of which are enclosed, I am announcing the election and calling for nominations for the vacancy to be submitted to the LAFCO office by March-2,2012. Please see attached 2012 Election Schedule. The following summarizes the process. Selection Committee: The Independent Special District Selection Committee (ISDSC) consists of the presiding officer (or his /her designee) of the legislative body of each independent special district. This group appoints the special district members of LAFCO. Attached please find the current roster of the ISDSC, which was used in conjunction with the 2011 election. Please review and provide us with any updates. For those who did not previously respond, please provide us with the name of your District's presiding officer or designee (must be a board /trustee member). Please respond by March 2, 2012. Nominations: Each candidate must be nominated by a Special District Board resolution and must be a board member /trustee of an independent special district. The nomination should include the name of the nominee and the district they serve. The nominating resolution must be submitted to LAFCO by the deadline of March 2, 2012. Each independent special district is entitled to nominate a maximum of one board member. In accordance with established Procedures for the Special District Selection Committee, nominations (by Board resolution) may be made from the floor during the Selection Committee meeting, but only if no prior nominations by resolution were submitted by any of the independent special districts. SPECIAL DISTRICT SELECTION COMMITTEE 2012 ELECTION SCHEDULE Date Task 1/17/12 Send letter announcing vacancy and election schedule, call for nominations and names of voting delegates 3/2/12 Deadline for submitting names of voting delegates and nominating resolutions 3/9/12 Send meeting reminder and list of candidates and nominating resolutions to each independent special district 3/19/12 Send notice of Special District Selection Committee meeting to newspapers (for publication on 3/26/12) 4/16/12 Conduct election in conjunction with CCSDA meeting 4/23/12 Transmit election results (within 7 days of election by statute) CONTRA COSTA COUNTY SPECIAL DISTRICTS Procedures for the Special District Selection Committee (Revised January 2010) The California Government Code, specifically Section 56332, sets forth requirements for the Independent Special Districts Selection Committee ( "Selection Committee "). The procedures contained herein are intended to supplement the code and provide local rules relating to the selection of special district members to the Contra Costa Local Agency Formation Commission ( LAFCO). Selection Committee Purpose The purpose of the Selection Committee shall be to appoint the regular and/or alternate special district members to the Contra Costa LAFCO whenever a term expires or a vacancy exists for the regular or alternate special district member seats. The term of office of each LAFCO member shall be four years and until the appointment and qualification of his or her successor (Gov. Code §56334). Selection Committee Membership The Selection Committee shall be comprised of the presiding officer of the legislative body of each independent special district. If the presiding officer is unable to attend a Committee meeting, the district may appoint one of its other members to attend the meeting (Gov. Code §56332). Selection Committee Meetings The LAFCO Executive Officer shall notify all independent special districts of a vacancy or impending vacancy in the position of regular or alternate special district member and shall schedule a meeting of the Selection Committee. To the extent possible, Selection Committee meetings shall be scheduled in conjunction with meetings of the Contra Costa Special Districts Association as a convenience to members and for efficiency. The Executive Officer shall provide a schedule to submit nominations to all independent special districts prior to the Selection Committee meeting. All meetings of the Selection Committee shall be open meetings and comply with all applicable provisions of the Ralph M. Brown Act. Quorum Each presiding officer (or appointed alternate board member) attending the Selection Committee meeting shall be required to register their attendance. Members representing a majority of the eligible districts shall constitute a quorum for the conduct of the Selection Committee business. No meeting shall be convened prior to establishing a quorum. The Committee shall act by majority vote of the quorum, or if more than a quorum is present at the meeting, by majority vote of those members present. Nomination Procedures Members of governing boards of independent special districts may be nominated to serve as a regular or alternate special district member of the Contra Costa LAFCO (Gov. Code §56332). Each independent special district shall be entitled to nominate a maximum of one board member per vacancy (i.e., for each regular and each alternate seat) from any district. Districts are required to make nominations by adoption of a Board resolution. Upon selection of a nominee, the presiding officer of the district shall provide written notification of the nomination, including a copy of the Board resolution, to the LAFCO Executive Officer. All nominations received in sufficient time prior to a Selection Committee meeting will be copied and distributed to the presiding officer of each independent special district. Nominations may be made from the floor at the Selection Committee meeting, but only if no prior nominations by resolution were submitted by any of the independent special districts. Balloting Process Each nominee will be afforded an opportunity to make a brief statement (maximum of five minutes) at the Selection Committee meeting. Following these presentations, members of the Selection Committee may discuss the appointment prior to the vote being taken. Nominees shall be selected based on the following process: • A ballot listing all known nominees shall be prepared and copied for the meeting. Each ballet shall have opposite the nominee's name a box to record the vote. In the event that no prior nominations by resolution are submitted, a ballot containing blank lines to vote for nominees who are put forth from the floor at the Selection Committee meeting shall be distributed at the meeting. • Each ballot shall have a line for the name of the special district that is casting the vote and a line for the name of the voting delegate. The ballot will not be counted if the name of the special district and voting delegate are not included. • After votes are tallied, each delegate's vote will be announced during the meeting. Selection of LAFCO Members The person selected to serve shall have received a majority of the votes cast in the election. If there are more than two nominees for a single seat and no individual receives the majority of the total votes cast in the first ballot there shall be a run -off election between the two nominees who received the greatest number of votes. If there are only two nominees for a single seat and each receives an equal number of votes, the selection to serve on LAFCO shall be done by a "straw draw" unless one of the two candidates chooses to relinquish the position. If, as a result of an election, the Alternate Special District member on LAFCO is chosen as a Regular Special District Member, another election shall be held at a subsequent Selection Committee meeting to fill the new vacancy in the Alternate Member position. Alternate Nominating andBalloting Process In the event that the LAFCO Executive Officer determines that securing a quorum of Selection Committee members for a meeting is not feasible, the Executive Officer may conduct the business of the Selection Committee in writing (Gov. Code §56332). Independent Special District Selection Committee January 17, 2012 Page 2 of 2 Election Procedures: A publicly noticed meeting of the Independent Special District Selection Committee is scheduled for Monday, April 16, 2012 at 10:00 a.m. in conjunction with the quarterly meeting of the Contra Costa Special Districts Association, to be held at the Central Contra Costa Sanitary District Multipurpose Room, located at 5019 Imhoff Place in Martinez. Prior to the meeting, a list of candidates and nominating resolutions will be sent to each special district. Official ballots will be distributed at the meeting on April 16. Please ensure that the presiding officer /designated alternate for your district will attend this meeting. Without a quorum of Independent Special Districts no action can betaken at the meeting to fill the vacancy. Only the presiding officer, or his/her Board designee can vote; staff members /counsel are not authorized to vote. Prior to or at the election meeting, eligible nominated candidates may circulate a statement of qualifications. At the Selection Committee meeting, each candidate will be given an opportunity to make a brief presentation to the Selection Committee. Majority Vote: For the Selection Committee to transact business on April 16, a quorum (50% plus one) of independent special districts must be present. We encourage presiding officers to attend; but if they cannot, please authorize another member of the governing board to attend the meeting. Obligation to Serve on LAFCO: The Commission typically meets monthly on the second Wednesday. Meetings start at 1:30 p.m. and are generally over before 5:00 p.m. Most meetings are held in the County Administration Building in Martinez. A packet of materials to review for each meeting is distributed to Commissioners approximately one week prior to the meeting. The Commission consists of two city members, two county members, two special district members and one public member, and an alternate member in each category. Alternates generally attend Commission meetings, participate in the deliberations and vote when a regular member in their category is absent or excused from voting. Please contact the LAFCO office if you have any questions or need additional information c: Each Member of the Commission Attachments 1. Government Code Section 56332 2. Procedures for the Special District Selection Committee 3. 2012 Election Schedule 4. 2011 ISDSC Voting Delegates Independent special district 56332. (a) The independent special district selection selection committee committee shall consist of the presiding officer of the legislative body of each independent special district. However, if the presiding officer of an independent special district is unable to attend a meeting of the independent special district selection committee, the legislative body of the district may appoint one of its members to attend the meeting of the selection committee in the presiding officer's place. Principal County Those districts shall include districts located wholly within the county and those containing territory within the county representing 50 percent or more of the assessed value of taxable property of the district, as shown on the last equalized county assessment roll. Each member of the committee shall be entitled to one vote for each Quorum independent special district of which he or she is the presiding officer. Members representing a majority of the eligible districts shall constitute a quorum. Meetings (b) The executive officer shall call and give written notice of all meetings of the members of the selection committee. A meeting shall be called and held under one of the following circumstances: Anticipated vacancy (1) Whenever the executive officer anticipates that a vacancy will occur within the next 90 days among the members or alternate member representing independent special districts on the committee. (2) Whenever a vacancy exists among the members or alternate member representing independent special districts upon the commission. (3) Upon receipt of a written request by one or more members of the selection committee representing districts having 10 percent or more of the assessed value of taxable property within the county, as shown on the last equalized county assessment roll. Election in writing (c) (1) If the executive officer determines that a meeting of the special district selection committee, for the purpose of selecting the special district representatives or for filling a vacancy, is not feasible, the executive officer may conduct the business of the committee in writing, as provided in this subdivision. The executive officer may call for nominations to be submitted in writing within 30 days. At the end of the nominating period, the executive officer shall prepare and deliver, or send by certified mail, to each independent special district one ballot and voting instructions. If only one candidate is nominated for a vacant seat, that candidate shall be deemed selected, with no further proceedings. Electronic mail ballot (2) As an alternative to the delivery by certified mail, the executive officer, with the prior concurrence of the district, may transmit the ballot and voting instructions by electronic mail, provided that the executive officer shall retain written evidence of the receipt of that material. Ballot requirements (3) The ballot shall include the names of all nominees and the office for which each was nominated. The districts shall return the ballots to the executive officer by the date specified in the voting instructions, which date shall be at least 30 days from the date on which the executive officer mailed the ballots to the districts. Ballot validation and results (4) If the executive officer has transmitted the ballot and voting instructions by electronic mail, the districts may return the ballots to the executive officer by electronic mail, provided that the executive officer retains written evidence of the receipt of the ballot. (5) Any ballot received by the executive officer after the specified date is invalid. The executive officer shall announce the results of the election within seven days of the specified date. Appointment of special district (d) The selection committee shall appoint two regular members members and one alternate member to the commission. The members so appointed shall be elected or appointed special district officers residing within the county but shall not be members of the legislative body of a city or county. If one of the regular district members is absent from a commission meeting or disqualifies himself or herself District member from participating in a meeting, the alternate district disqualification member may serve and vote in place of the regular district member for that meeting. The representation by a regular district member who is a special district officer shall not disqualify, or be cause for disqualification of, the member from acting on a proposal affecting the special district. The special district selection committee may, at the time it appoints a member or alternate, provide that the member or alternate is disqualified from voting on proposals affecting the district of which the member is a representative. (e) If the office of a regular district member becomes vacant, the alternate member may serve and vote in place of the former regular district member until the appointment and qualification of a regular district member to fill the vacancy. "Executive officer" (f) For purposes of this section, "executive officer" means the executive officer or designee as authorized by the commission. RESOLUTION NO. 2012 -009 A RESOLUTION NOMINATING BOARD MEMBER MICHAEL R. MCGILL AS THE SPECIAL DISTRICT REPRESENTATIVE ON THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION ( LAFCO) WHEREAS, the Contra Costa County Local Agency Formation Commission ( LAFCO) is a regulatory agency charged by the State legislature with "discouraging urban sprawl and encouraging the orderly formation and development of local agencies" based on "local circumstances and conditions;" and WHEREAS, the role of LAFCO is to review and approve or deny proposals to annex land to cities or special districts; detach land from cities or special districts; consolidate two or more cities or two or more special districts; form new special districts and incorporate new cities; dissolve special districts and disincorporate cities; merge cities and special districts; and allow cities or special districts to provide services outside of their boundaries; and WHEREAS, LAFCO is made up of two City members, two County members, two Special District members and one public member, and an alternate in each category, all of whom serve four -year terms; and WHEREAS, Central Contra Costa Sanitary District Board Member Michael McGill was elected on January 24, 2011 as Special District member to fill an unexpired term; and WHEREAS, on January 17, 2012 the Contra Costa Local Agency Formation Commission ( LAFCO) announced an upcoming vacant Special District regular seat for a four -year term ending May 9, 2016, caused by the expiring term of Member McGill; and WHEREAS, LAFCO has called for Special Districts to submit nominations by resolution to be voted on at its April 16, 2012 election. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does resolve as follows: Section 1. Central Contra Costa Board Member Michael R. McGill is hereby nominated to fill the Special District member vacancy on LAFCO for a four -year term ending May 9, 2016. Section 2. This resolution shall become effective immediately upon its passage and adoption. Central Contra Costa Sanitary District Resolution No. 2012 -009 Page 2 of 2 PASSED AND ADOPTED this 2nd day of February 2012, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: Hockett, McGill, Menesini, Williams, Nejedly NOES: Members: None ABSTAIN: Members: None James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District